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CAROLINA CAS. INS. CO. v. BELFORD TRUCKING CO.

116 N.J. Super. 39 (1971)

280 A.2d 848

CAROLINA CASUALTY INSURANCE COMPANY, PLAINTIFF, v. BELFORD TRUCKING COMPANY, INC., A CORPORATION AND JAMES T. NEIGHBORS AND JAMES G. MITCHELL, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided July 29, 1971.

Attorney(s) appearing for the Case

Mr. Burchard V. Martin for plaintiff (Messrs. Taylor, Bischoff, Williams & Martin, attorneys).

Mr. Alex. P. Schuenemann, 3rd, for defendant Belford Trucking Company, Inc. (Messrs. Schuenemann and Picknally, attorneys).

Mr. Neil F. Deighan, Jr. for defendants James T. Neighbors and James G. Mitchell. (Messrs. Kisselman, Deighan, Montano, King & Summers, attorneys).

WICK, J.S.C.

Plaintiff has brought this declaratory judgment action to determine whether plaintiff or Belford Trucking Company, Inc., as insurers, must defend the owner and driver of a tractor-trailer in a negligence suit now pending in the Law Division. Belford, a foreign corporation, has moved to set aside service of process made under R. 4:4-4(c)(1) and for dismissal of the complaint because venue was improperly laid under R. 4:3-2; the place of business...

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